10th February 2015
The same rights that allow you to erect an agricultural building of no more than 465 m² also cover farm and forestry tracks. These rights are set out in Statutory Instrument no 418 known as The Town and Country Planning (General Permitted Development) Order 1995, or just simply ‘GPDO’, subsequently amended by the General Permitted Development Order 2010 (no 654) and now the 2013 General Permitted Development Order (no 1101).
For a farmer/landowner, applying to do the work via a GPDO is a more straightforward route than obtaining ‘full’ planning permission to build, extend, develop, excavate or carry out engineering work on site. However one must be able to demonstrate the track is reasonably necessary for the purposes of agriculture within the holding.
Permitted development rights as referred to in Schedule 2, Part G of the Order, apply to two classes, A and B. Class A development applies to a holding >5ha on parcels no less than 1ha, while Class B applies to smaller holdings (<5ha) and is more restrictive. Class A rights are available on separate parcels of land more than 1ha as long as they meet certain conditions; location of site, size, materials (in particular cases), and must not be within 25 meters of a trunk or classified road. If the site is within a National Park, an Area of Outstanding Natural Beauty, a conservation area or land within a World Heritage Site the planning authority may require ‘full’ planning permission.
Problems can arise when having to differentiate between normal maintenance and improvement. For example; putting stone into potholes on an existing track would not require planning permission. Maintenance to existing tracks and yards does not require planning permission or GPDO consent; only when an engineering operation occurs would permission be required.
If you wish to carry out any work under the GPDO you must first apply (on a “Prior Notification” form) to the local planning authority (LPA) for a decision on whether prior approval is needed for the siting, design and appearance of the work or excavation. This currently costs £80 and you will need to include a written description of the proposed development, materials to be used and a plan showing its location. The LPA must write to confirm if prior approval is needed, i.e. “full” planning permission, within 28 days.
Where prior approval is not required or the Local Authority has not responded within 28 days, the applicant may go ahead with the work as long as it is in line with the submitted details. The applicant must start the development within five years of either the notice being approved, or following the expiry of the 28 days after submission.
Where prior approval is needed the LPA may require a full planning application, or more details, or simply request changes to the siting, design, material, etc.
No planning permission or Prior Notification would be required if the landowner has used a route in the field so many times that this starts to resemble a bare soil track, as long as materials have not been put down or physical alterations made (i.e. levelling sloping ground to create a level track could be considered to be ‘engineering works’). The use of onsite quarried stone will still require prior approval.
Forestry can also be covered under permitted development rights where the following applies: “Carrying out on land used for the purposes of forestry, development that is reasonably necessary for these purposes consisting of the formation, alteration or maintenance of a private way and for other operations (excluding engineering and mining). Development is not permitted for dwellings, or structures exceeding 3m in height within 3km of an aerodrome, or within 25m of a trunk or classified road.”
Examples of problems that could raise objections during a Prior Notification application:
- The land indicated is not in use for agriculture or forestry, e.g. equestrian use, game farms, fisheries and other farmland diversification uses.
- The development is not reasonably necessary for the purpose of agriculture/forestry.
- Highways access: The development is affected by a classified road. If the 25m boundary is breached, the entire application becomes unauthorised, not just the 25m connected to the road.
One should also not forget to adjust the areas for the SPS claim and any affect there is on a Stewardship agreement.
Always take professional advice at the offset if you are thinking of putting down a new farm or forestry track.
